July 14, 2011
In January, Governor Perry announced the following as emergency items for the 82nd Legislative Session: voter ID, sanctuary cities, sonograms for women getting abortions, a federal balanced budget amendment, and eminent domain protection. This meant that lawmakers could vote on these priority issues in the initial 60 days of session, when otherwise they would be barred from passing legislation. In May, the Governor added tort reform to his list of emergency items.
Voter ID
SB 14 – Fraser/Harless – relates to requirements to vote, including presenting proof of identification. The bill requires voters to show a valid form of photo identification and establishes the following as acceptable forms of documentation: a driver’s license, Department of Public Safety (DPS) issued photo personal identification card, U.S. military ID card, U.S. citizenship certificate that contains a photograph, U.S. passport or Texas concealed handgun license. The bill also creates a free election identification certificate with a photograph administered by DPS for registered voters who need a photo ID and increases the penalties for illegal voting and attempted illegal voting. More details provided under the “Voting” section. (Effective January 1, 2012, with certain sections taking effect September 1, 2011.)
Sanctuary Cities
HB 12 – Solomons – related to the enforcement of state and federal laws governing immigration by certain governmental entities. The bill sought to address public concern by prohibiting certain local government entities and cities from undertaking certain actions that would restrict the enforcement of state and federal immigration law and by allowing the filing of a related citizen complaint.
HB 12 passed the House as substituted and amended on May 10 with 100 ayes and 47 nays. The bill was placed on the Senate intent calendar for May 24, but the contentious legislation was blocked from being brought to the floor when a motion to suspend the Senate’s regular order of business failed with 19 ayes and 12 nays. To suspend the Senate’s regular order of business and hear a bill, 21 Senators must vote in favor of the motion in accordance with the two-thirds rule of the Senate. As such, HB 12 died in the Senate.
Sanctuary cities legislation was added to the jurisdiction of the 82nd First Called Special Session on June 7 and introduced in SB 9 (Williams) and HB 9 (Solomons). HB 9 did not make it out of committee, and SB 9 was held up in House State Affairs after passing the full Senate. An attempt to add sanctuary cities language to SB 1 during the special session failed.
Sanctuary cities was the only emergency item that did not pass the 82nd Texas Legislature.
Sonogram bill
HB 15 – Miller/Patrick – relates to providing a sonogram before an abortion. The bill requires a physician to perform a sonogram 24 hours before an abortion, except in cases of medical emergency, and display the sonogram image, explain the image and make the fetal heartbeat audible. The bill allows women to opt out of seeing the image and hearing the heartbeat, and requires that they sign a statement acknowledging so prior to receiving the sonogram. A woman may opt out of the verbal explanation of the image only if she is pregnant as a result of rape or incest, she is a minor obtaining an abortion under judicial bypass, or the fetus has an irreversible medical condition or abnormality. Additionally, if the woman lives more than 100 miles from the nearest abortion facility, the waiting period is shortened from 24 to two hours.
Next steps: The legislation is being challenged in the court. An abortion rights group on Wednesday, July 6, asked U.S. District Judge Sam Sparks to halt enforcement of the state’s new pre-abortion sonogram law, saying it is unconstitutionally vague and an improper intrusion on doctors’ free speech rights. A ruling on the case is expected to be at least a month away.
The bill will take effect on September 1, 2011, with enforcement to begin on October 1, 2011.
Federal balanced budget amendment
HCR 18 – Creighton/Shapiro – is a resolution that urges the Congress of the United States to propose and submit to the states an amendment to the United States Constitution providing for a federal balanced budget. The resolution was sent to the Governor on May 23 and signed on June 17. The resolution encourages the Congressional amendment provide that, except during a war declared by the Congress of the United States pursuant to Article I, Section 8, Clause 11, United States Constitution, or other national emergency, the total of all federal appropriations for a fiscal year may not exceed the total of all estimated federal revenue for that fiscal year and providing for a spending limitation.
Next steps:
It has been reported the U.S. House of Representatives may take up a bill in regards to a balanced-budget amendment to the Constitution at some point in July. The White House, however, has made clear it opposes a balance budget amendment.
Eminent Domain
SB 18 – Estes/Geren – relates to the use of eminent domain authority and was one of the Governor’s emergency items for the 82nd Regular Session. Provisions in the bill, among other things, specify:
- A governmental or private entity may not take private property through the use of eminent domain if the taking is not for a “public use.”
- Provides owners with repurchasing rights under certain conditions.
- Requires an entity make a bon a fide offer to a property owner in order to acquire a property.
- Provides new damages standards and establishes a process for the right to repurchase land.
- Additionally, the bill requires entities authorized to exercise the power of eminent domain to notify the Comptroller of their ability to do so in a certified letter identifying each provision of law granting them their authority no later than December 31, 2012 or their authority expires September 1, 2013.
- Effective September 1, 2011.
Next steps for the Texas Department of Transportation (TxDOT) are addressed in the Transportation section.
Tort Reform
HB 274 – Creighton/Huffman – relates to attorney’s fees, early dismissal, expedited trials, and the reform of certain remedies and procedures in civil actions. HB 274, also known as the “loser pays” bill, requires the Supreme Court of Texas to adopt rules to provide for the dismissal of causes of action that have no basis in law or fact on motion and without evidence, and requires that upon early dismissal of a case the prevailing party of a motion to dismiss to be awarded costs and necessary attorney’s fees. Beyond the beginning stage of the trial, both parties pay their own fees. (Effective September 1, 2011.)
